Tom Luetkemeyer on Section 7

NLRB General Counsel Memo Argues Non-Compete Agreements Violate the NLRA

The General Counsel of the National Labor Relations Board (the Board) took aim at non-compete and non-solicitation agreements in Memorandum GC 23-08, issued on May 30, 2023. The General Counsel of the Board, Jennifer Abruzzo,...more

6/5/2023 / Employer Liability Issues , Employment Policies , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Section 7 , Unions

NLRB Decision that Broadly-Worded Confidentiality Provisions in Separation Agreements are Unlawful Raises Important Questions

The National Labor Relations Board (NLRB) recently issued a controversial decision concerning the use of non-disparagement and confidentiality provisions by employers in separation agreements. In McLaren Macomb and Local 40,...more

2/24/2023 / Employer Liability Issues , Employment Policies , NLRA , NLRB , NLRB General Counsel , Section 7 , Unfair Labor Practices

Escape Clause in Mandatory Arbitration Agreement Carries the Day for Employer in NLRB's Unfair Labor Practice Analysis

Historically, there has been a "push and pull" between the National Labor Relations Board (Board) and employers over mandatory arbitration agreements and class action waivers. Although most of the disputes have been resolved...more

8/25/2020 / Administrative Law Judge (ALJ) , Arbitration Agreements , Contract Terms , Employment Contract , Mandatory Arbitration Clauses , NLRB , Retroactive Application , Savings Clause , Section 7 , Unfair Labor Practices

NLRB Clarifies its Section 7 Evidentiary Standard for Evaluating Employer Discipline for Employee Abusive Conduct

Last September, we anticipated a change in National Labor Relations Board (Board) policy regarding the evidentiary standard for resolving unfair labor practice charges related to employer discipline of employee abusive...more

8/6/2020 / Abusive Acts , Disciplinary Proceedings , Employee Misconduct , Equal Employment Opportunity Commission (EEOC) , Evidentiary Standards , NLRB , Section 7 , Unfair Labor Practices , Wright Line Test

D.C. Circuit Instructs NLRB to Revisit its Approach to Balancing Section 7 Rights with Other Employer Obligations

The Court of Appeals for the D.C. Circuit recently remanded a decision of the National Labor Relations Board (the "Board"), thus compelling the Board to revisit and clarify its position on the scope of Section 7 protection...more

1/13/2020 / Appeals , Equal Employment Opportunity Commission (EEOC) , NLRA , NLRB , Section 7

NLRB Restricts Employee Use of Employer-Provided Email for Section 7 Purposes

Earlier this week, the National Labor Relations Board ("Board") issued an important decision, returning to its prior precedent with respect to employee use of employer-provided email for Section 7 purposes. In Caesars...more

12/20/2019 / Email , Email Policies , NLRA , NLRB , Section 7 , Social Media

NLRB Provides Section 7 Guidance to Employers Regarding Drafting of Arbitration Agreements

There is an ongoing tension between the National Labor Relations Board (the "Board") and employers who seek to expand the use of an arbitration forum to resolve employment disputes. The U.S. Supreme Court has continued to...more

10/24/2019 / Arbitration Agreements , Mandatory Arbitration Clauses , NLRA , NLRB , Section 7

NLRB to Revisit Issue of When Employees Lose NLRA Section 7 Protection When Using Threatening and Demeaning Language

While discussing work assignments with his supervisor, an employee uses abusive and profane language. In another incident, the employee disrupts a workplace meeting by playing loud music with racial and political overtones....more

9/16/2019 / Disciplinary Proceedings , NLRA , NLRB , Protected Concerted Activity , Section 7

NLRB Ruling: Simply Misclassifying Workers is Not an Unfair Labor Practice

The National Labor Relations Board (NLRB) continues to retreat from its previously expansive approach to what might be considered interference with Section 7 rights under the National Labor Relations Act (the "Act")....more

9/4/2019 / Employee Definition , Independent Contractors , Misclassification , NLRA , NLRB , Section 7 , Unfair Labor Practices

NLRB Evaluates Personnel Handbook for Section 7 Compliance and Finds Moonlighting Policy Unlawful

Nicholson Terminal & Dock Company ALJ Decision (07-CA-187907) An Administrative Law Judge (ALJ) of the National Labor Relations Board (NLRB) recently evaluated Nicholson Terminal & Dock Company's (Nicholson) Personnel...more

6/6/2018 / Administrative Law Judge (ALJ) , Corporate Counsel , Employee Handbooks , Moonlighting , NLRB , Section 7

Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more

9/7/2016 / American Baptist , Corporate Counsel , Hiring & Firing , Independent Unlawful Purpose , NLRB , Section 7 , Strike , Unfair Labor Practices , Unions

Tom Luetkemeyer

Hinshaw & Culbertson LLP

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